Privacy International submits expert witness testimony in Haki Na Sheria's case challenging Maisha Namba, Kenya’s new digital ID system

What's happening with digital ID in Kenya?

In 2018, the Kenyan government tried to introduce the Huduma Namba project. Among other things, the project established the National Identity Integrated Management System (NIIMS); a centralised database purposed to consolidate all government records about an individual into a single ID system. In April 2019, PI submitted an expert affidavit challenging the NIIMS. In 2020, the High Court of Kenya acknowledged several key issues raised by PI in its judgment and suspended the roll out of NIIMS, until the government addressed all risks, including data breaches, exclusion and discrimination.

In November 2023, the Government of Kenya launched “the Maisha Namba Digital Identity Ecosystem”(Maisha Namba). This new system aims to digitalise civil and personal registration, utilising a Unique Personal Identification (UPI) and Digital ID, among others features. However, the new ID system still fails to address issues previously identified by PI and its partners.

In December 2023, our partner Haki Na Sheria filed a petition against the Government challenging the roll out of the Maisha Namba. Haki Na Sheria flagged potential constitutional violations, including of the right to privacy and discrimination against marginalised communities. The petition seeks a prohibition on the roll out of the Maisha Ecosystem until the same can be brought in line with the Constitution, particularly until it addresses problems of exclusion of marginalised communities.

In June 2024, PI filed expert witness testimony before the court to assist the adjudication of the case. PI highlighted concerns emerging from identity systems around the world and proposed measures to mitigate these issues. Key topics addressed included biometrics, exclusion, unique identifiers, data breaches, security, function creep, data retention, and the effective application of data protection law.

Why PI is following this case

At PI, we want people to access to the very systems that should be protecting them, free from tracking, discrimination, targeting or exclusion. Our goal is to ensure that individuals relying on public services and social protection programs are safeguarded from these harmful practices.

In recent years, we have been highlighting the risks digital identity systems carry. Despite this, international institutions and countries are pushing ID systems around the world; these are being rolled out as a solution to a whole range of things, from providing refugees with aid, to registering people to vote, and for providing everyday services to billions of people.

Not all identification systems are the same, and they pose different threats depending on their design and application. Exposing the harms caused by these systems and supporting our partners in challenging them is essential to ensuring that privacy and data protection remain central to governments' considerations when implementing identity systems.

The Maisha Namba case will have global implications

Digital ID systems continue to be promoted by governments and institutions, often without the necessary human rights safeguards. With the Kenyan High Court adjudicating on key issues of identity, privacy, and exclusion, the principles developed in the Maisha Namba case will influence how these issues are viewed across the world.

PI’s expert witness statement contains mitigation measures that should be taken when considering identity systems. We will be awaiting the outcome of this case to see how far citizens' concerns over the system, as well as expert technical and legal opinions have been considered by the court.